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HomeMy WebLinkAboutPC RES 29181 2 3 4 5 g 9 10 11' 12 13 14 15 1G li 18 19ji 20 21" 22 . 23 ' i; ~~ 24' 25 26 27 28 RESOLUTION NO. 2918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENT 91-01, EXEMPTING EXISTING LEGAL CONFORMING AND LEGALLY NONCONFORMING PARCELS FROM NONCONFORMING OR INCREASED NONCONFORMING STATUS RELATED TO DENSITY ONLY WHEN THE NONCONFORMITY OR INCREASED NONCONFORMITY IS RESULTANT FROM THE ACQUISITION OF PUBLIC RIGHTS-OF-WAY BY A PUBLIC AGENCY The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A public hearing before the Planning Commission to consider Zoning Ordinance Amendment 91-01 was duly called, noticed and held on Monday, July 8, 1991. B. A Negative Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse impacts are associated with this Zoning Ordinance Amendment. C. The subject amendment is in the best interest of the public health, safety and welfare in that it will not penalize legal conforming properties in the Mobilehome Park District from becoming nonconforming related to density requirements, provided all other development standards are satisfied, due to the community- wide benefit of public rights-of-way acquisition by the Cit~•. D. The subject amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the City. II. The Planning Commission hereby recommends tc the City Council approval of Zoning Ordinance Amendment 91-01 as follows: A. Section 9227 (B) (2) (c) shall be added to the Tustin City Code to read as follows: 1 2 3 4 5 6 .. s 9 10 11 12 13 14 1 ~i I! 1G' i li I' 1R, li 19 20 j ~, 21~` ~~~ r r 231 ;~ 24 !' ~~ 2~' II !± 2`' 2il Resolution No. 2918 Page 2 "Any existing and developed parcel which is legal and conforming or legally nonconforming as of the date of the adoption of this subsection, and with the acquisitions of public rights-of-way by a public agency would result in densities exceeding the density permitted by the Zoning Code or would result in an increased nonconformity with regard to density shall not be considered nonconforming pursuant to Section 9227(b)(2) and Section 9273 of the Zoning Code with regard to density only, provided that all other provisions of the Zoning Code are satisfied." PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 8th day of July, 1991. ,~ ., ,. '"D LE JEUN Chairman ~ / n~ KATHLE N CLANCY Recording Secretar 2R c f 8 9 10 11 12 13 14 15 1(- 1i IS 19~ 20 ~ 21 22 ~: 23' ~ 24 25 2G ~' 27 28 Resolution No. 2918 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2918 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of July, 1991. ~~ KATHLEEN CLA CY Recording Secretary